WELCOME to Plathville’s Kim Plath has begged a Florida judge to toss her damning blood test results before an upcoming court hearing in her DUI case.
Kim, 50, was arrested on October 20, 2022 from a June 10 incident for driving under the influence, property damage and personal injury in Florida.
The U.S. Sun can exclusively reveal the Welcome to Plathville star has demanded her blood test results not be permitted into evidence one day before her pre-trial conference.
According to the court filing, the results showed her blood alcohol level to be .161 and .162, which is over the .08 legal limit.
The court papers read: “Trooper Moschetto stated Ms. Plath was conscious and appeared to be in a daze, had red glassy eyes, dilated pupils, and had a strong odor of alcoholic beverage emitting from her breath.”
She was asked to take a voluntary blood test, but “did not respond.”
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The papers continue: “Trooper Moschetto then read implied consent and requested a blood test from Ms. Plath. After implied consent was read, Ms. Plath signed consent to draw blood form. Ms. Plath then submitted to a blood draw.”
The court papers claim a warrantless search for blood samples applies when “blood is being taken from a person based on probable cause that the person has caused death or serious bodily injury as a result of a DUI offense.”
The filing continues: “In this case, there was no death or serious bodily injury as a result of a DUI offense that warranted blood to be taken from Ms. Plath.
"Ms. Plath’s warrantless blood test for DUI was not authorized by the Fourth Amendment because the “consent” was not freely and voluntarily given.”
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“Ms. Plath initially refused to take a blood test (or remained silent), but after being read implied consent warnings she was coerced into taking the blood test.”
Her pre-trial conference set for January 30 was moved to February 7, where her request to toss the blood test will also be decided.
The police report claimed authorities found her car upside down in a ditch filled with water.
She was taken to a hospital for her injuries.
DARK PAST
The U.S. Sun previously reported Kim was busted for having an open container of alcohol in a car when she was 19.
Kim was hit with a citation for “possession of open container in motor vehicle” on April 7, 1991, Florida court records show.
According to the Florida code, open container refers to an "alcoholic beverage.”
She was the passenger in the car at the time of the bust.
Court records reveal Kim was “guilty” of the citation.
Kim and her now estranged husband Barry raised their nine children in a religious household on their 57-acre farm in Cairo, Georgia with no computers, video games, sweets, including soda, and more.
SAD CHILDHOOD
On a past episode of Welcome to Plathville, she revealed she grew up with an alcoholic mother.
Kim told her rebel daughter Moriah: “I grew up with a single alcoholic mother. I didn’t have a family. I didn’t have a home life. I didn’t have a dad.
“I had a mom when she was there and she was sober, but for the most part, I raised myself. I have tried really hard to make sure you have a family to grow up in.”
'WILD' COLLEGE YEARS
Though Barry and Kim both went to college, they have a “bad outlook” on the experience because it was “all about drinking and partying.”
When she visited a college with Moriah, Kim revealed she was in a sorority.
She said in her confessional: “I went through some rough times in college because of my wildness… Driving when I was drunk and waking up in the car parked weird on the lawn, passed out. You know, taking drugs and driving across town at 3 o’clock in the morning.
“I could have died so many different ways when I was in college and by God’s grace I came out of it, and he saved me and I live a different life now. But to me, the better thing would be for her to not have to experience all of the junk that I’ve experienced.”
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On the most recent season of Welcome to Plathville, fans watched Kim break free of her conservative and religious lifestyle, as she opened a dance studio.
She and Barry announced their split in June.
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